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(영문) 서울중앙지방법원 2017.01.24 2014가합588574

부당이득금 반환

Text

1. The Defendant’s successor intervenor: KRW 16,528,212 to Plaintiff C, KRW 15,432,212 to Plaintiff D, and KRW 15,360,404 to Plaintiff E, and KRW 15,360.40.

Reasons

1. Basic facts

A. On December 30, 199, A Co., Ltd. (hereinafter “A”) purchased FB housing site 25,546 square meters (hereinafter “instant land”) developed and supplied by the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation at the time”) from the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation, which was merged on October 1, 2009, and became the Korea Land and Housing Corporation; hereinafter “Korea Land and Housing Corporation”); on June 16, 2000, the Daegu-gu Seoul Special Metropolitan City Mayor approved public housing construction approval to build public rental apartments on the said housing site.

B. Accordingly, A constructed a G apartment on the ground of 25,170.14 square meters of the site area among the instant land with six units of household size of 592 Dong, 16-18 square meters (hereinafter “instant apartment”). The housing area and the number of household units of the instant apartment are as listed below.

The housing area of each unit of the Gu shall be equal to 23 square meters of the number of households of each household unit of the Gu, and 23 square meters of 59.848 18.4927 78.3415 19.030 (17.5178) 180 square meters of 30 square meters of 17.345 180 square meters of 17.171.758 10.7476 25.730 (23.7591) 126.5206412

C. A received approval from the Daegu Metropolitan City Mayor for the recruitment of occupants of the instant apartment on January 10, 202, and around that time, A announced the recruitment of occupants on January 10, 2002. However, among the Plaintiffs, M, N,O, P, and Q, each of the former owners of H, I, J, K, and L, entered into a sales contract upon the lease of an apartment from the Defendant, and thereafter, Plaintiff H, I, K, and Q inherit each of them, and Plaintiff J succeeded to R, N, P, and Q, respectively, and Plaintiff J donated the apartment from O.

However, for convenience, the plaintiffs, who are the inheritor or donee, enter into a contract for sale and lease of the above apartment.

On the other hand, the plaintiff S and T were named in U and V.

The term "Dong and lake" in the attached Table among the apartment of this case was leased to each other.

A, when five years have elapsed since the mandatory rental period of the apartment of this case, rental housing is leased from the North Korean head of Daegu Metropolitan City on September 4, 2009.